QUESTION
Is there a cost for a voluntary dismissal ?
Asked on Apr 24th, 2012 on Bankruptcy - Michigan
More details to this question:
Is there a cost for a voluntary dismissal ? If so, shouldn't it be covered by the fees we've already paid the attorneys up front?
12 ANSWERS
No cost and yes
Answered on Apr 30th, 2012 at 5:48 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There shouldn't be additional fees charged for a dismissal. It is a routine procedure.
Answered on Apr 27th, 2012 at 12:41 PM
Yes. There is a cost. And, in a Chapter 7, it may not be granted. Judges can deny the motion. The cost is based on your contract with your attorney. Normally, a dismissal motion is not part of a Chapter 7 filing and, therefore, not covered by the basic fee.
Answered on Apr 27th, 2012 at 9:42 AM
Burton J. Green
If by cost you mean additional attorney fees, that is something that is governed by the terms of your contract with the attorney. Of course I am assuming that this is a chapter 13 case which can be voluntarily dismissed. There is no clerk of court fee for dismissing your case.
Answered on Apr 26th, 2012 at 9:00 PM
Difficult to say. In Chapter 7, "Voluntary" Dismissals are generally not automatic, your attorney may have to Petition/Motion to get your case dismissed, not easy to win either sometimes depending on the Judge. In Chapter 13, Debtors usually can immediately Dismiss out with no hearing required. I do not charge my clients extra attorney fees ever once a 13 case has been dismissed, some attorneys might (see the written fee agreement you should have received a copy of before your case was filed).
Answered on Apr 26th, 2012 at 3:41 PM
The court does not charge a fee but the attorney's fee may be higher because it is extra work.
Answered on Apr 26th, 2012 at 3:32 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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The answer depends on your agreement with your attorney. In a confirmed Chapter 13, a voluntary dismissal would be additional work not included in the fees paid under many contracts. The court does not charge a filing fee, but your attorney may charge a fee for his or her time.
Answered on Apr 26th, 2012 at 3:06 PM
Norman Linder Hull
If you are entitled to file a voluntary dismissal of a bankruptcy case or an adversary action, there should be no fee required.
Answered on Apr 26th, 2012 at 3:01 PM
1 Award
There is no cost for a voluntary dismissal.
Answered on Apr 26th, 2012 at 2:42 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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There is no court filing fee for a voluntary dismissal. You will need to talk to your attorney about fees for work that was not including in the original fee agreement. Understand that, as the debtor, you may not have control over the dismissal of a chapter 7. You have to get permission from the court to dismiss a chapter 7 case.
Answered on Apr 26th, 2012 at 1:13 PM
Adoptions Attorney serving Middletown, RI
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Joseph F. Hook Attorney at Law
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There is no filing fee for a voluntary dismissal. If you are converting your case from a chapter 13 to a chapter 7, there is a small filing fee. Whether you have to pay additional attorney fees would be covered by the agreement that you have with the attorney representing you. If creditors object to the dismissal of your case, and the attorney must perform additional services to attend a hearing that were not covered by your initial agreement, you may well have additional attorney fees.
Answered on Apr 26th, 2012 at 12:30 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Why would there not be? You paid your attorney to prosecute the case not to dismiss it. That involves more labor which the attorney did not anticipate.
Answered on Apr 26th, 2012 at 12:27 PM